• Title/Summary/Keyword: malpractice

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Education Needs for Home Care Nurse (가정간호 교육요구도 조사 연구)

  • Kim Cho-Ja;Kang Kyu-Sook;Baek Hee-Chon
    • Journal of Korean Academy of Fundamentals of Nursing
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    • v.6 no.2
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    • pp.228-239
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    • 1999
  • In 1990 Home Care Education Programs started when legislation established certification for Home Care Nurses. The Ministry of Health and Welfare proposed a home care education curriculum which has 352 class hours and 248 hours of 'family nursing and practice'. Though Home Care Education Programs have been offered in 11 home care educational institutes, there has been no formal revision for the home care education programs. Also a first and second home care demonstration projects have been carried out, but there has been no research on outcomes for home care education as applied in home care practice. The purposes of this study were to identify the important content areas for home care nursing as perceived by home care nurses, and to identify their clinical competence in each of these areas, and from these to identify the education needs. The sample was 107 home care nurses who were working in home care demonstration hospitals and community-based institutions which have been offering home care services. Responses were received from 88 nurses, comprising a 82.2% return rate, and 86 were included in the final analysis. The instrument used was a modification of the instrument developed by Caie-Lawrence et(1995) and Moon's(1991) instrument on home care knowledge. The instrument's Cronbach's coefficient was 0.982. Among the respondents, 64% were working at home care demonstration hospitals and 36% were working at community-based institutions. Their home care experiences were from one month to six years, with a mean of 20.6 months. The importance rating for home care education content was 3.42 0.325, which means importance was rated relatively high. Technical aspects of home care were identified the most important. Five items 'education skill', 'counseling skill', 'interview skill', 'wound care skill', 'bed sore care skill' received 100% importance ratings. The competency rating was 2.87 0.367 and 'technical aspects of home care' was the highest, and 'application to home care skill' was the lowest. Home care nurses' education needs were identified and compared to the importance ratings and competency ratings. Eleven items were identified as the highest in the importance areas and eleven items were in the lowest competency areas. High importance ratings matched with low competency ratings determined training needs, but there was no matching items in this study. In the lowest competency areas four items were excluded, because of not being applicable in current home care practice. Therefore total eighteen items were identified as home care education needs. These items are 'bed sore care skill', 'malpractice', 'wound care skill', 'general infection control', 'change and management of tracheostomy tubes', 'CVA patient care', 'Hospice care', 'pain management', 'urinary catheterization and management', 'L-tube insertion and managements', 'Respirator use and management skill', 'infant care', 'prevention to burnout', 'child assessment', 'CAPD', 'infant assessment', 'computer literacy', and 'psychiatry patient care'.

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A Study on the Past that Work Scope of Medical Interpreter Professional Personnel -Focusing on the Range of Possible Questions for the Medical Translation Ability Test (의료통역전문인력 업무범위에 대한 소고 -의료통역능력검정시험 출제범위 중심으로)

  • Kim, Seung Chul;Kim, Tae-Hyung;Lee, Yeon-Kyung
    • The Journal of the Korea Contents Association
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    • v.20 no.4
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    • pp.571-581
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    • 2020
  • There are large, medium, and small items in the evaluation test for medical interpreter professionals personnel and the criteria and level are not clear, which may cause confusion for those preparing for the test. Therefore, we would like to suggest that the qualification requirements for the medical translation ability test and the criteria for the evaluation items are consistent with the medical system in Korea. The survey on the medical interpreter competency test conducted was collected from domestic and foreign data, compared with similar test and overseas test. We also examined the perception of the test by experts with experience in developing and interpreting the medical interpretation test. As a result, in the 'International Culture' evaluation category, 'Language-oriented culture' was changed to 'Medical-oriented culture' and 'Interpretation ethics' was changed to 'Medical interpretation ethics'. In the evaluation items of the hospital system, the 'Medical Dispute Mediation Act', which is 「ACT ON MEDIATION OF MEDICAL DISPUTES」 of the middle item was changed the 「ACT ON REMEDIES FOR INJURIES FROM MEDICAL MALPRACTICE AND MEDIATION OF MEDICAL DISPUTES」 and the Act also reduced the four items related to the 'Medical Tourism Law' to two and added the 「ACT ON SUPPORTING THE ADVANCEMENT OF MEDICAL OVERSEAS AND ATTRACTING FOREIGN PATIENTS」. If the Medical Interpretation Proficiency Test is prepared in accordance with the medical culture of Korea, it is expected that there will be a stable opportunity for professionals who pass the examination to act as experts.

Physician's Responsibilities in Medical Dispute (의료분쟁(醫療紛爭)에 있어서 의사(醫師)의 주의의무(注意義務))

  • Lee, Joon-Sang;Choi, Baik-Hi
    • Journal of Preventive Medicine and Public Health
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    • v.15 no.1
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    • pp.17-31
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    • 1982
  • A physician assumes toward his patient the obligation to use such reasonable care and skill as is commonly possessed and exercised by physicians in the same general line of practice in the same or similar localities and to use his best judgment at the times. Medical disputes between physicians and patients are, ever more increased in these days as human body, happens to cause a variety of changes in body unlike the function of machine. Such increased trends of medical disputes became a problem in common across the word under the influence of affluent living standard, high consciousness of life value and right by today's people. The aim of this dissertation is oriented to forming a physician's responsibilities in medicalcare accidents arising between physicians and patients. A general physician, for example, has not been negligent merely because, a specialist might have treated the patient with greater skill and knowledge. However, the fact that a physician may have acted to the best of his ability will not avoid legal problems for damages resulting from substandard treatment, that is the degree of care and skill which is to be expected of the ordinary practitioner in his field of practice. The duty of a physician who is, or holds himself out to be, a specialist is greater in the field of his specialty than one who is a general physician. A patient's consent to routine medical procedures is implied from the fact that patient comes to the physician with a medical problem and voluntarily submits to the procedures. For the more serious medical procedures and for major operations, however, it is preferable for the physician to have the patient's consent in writing, to facilitate proof of the consent in the event of a dispute or litigation. Suppose that mistakes on the part of physicians are likely to be blamed in all cases of malpractice. Then it will create a sort of shrinkage in activities of medical treatment. There should be some limitation on excessive application of 'The thing speaks for itself' on mistakes by physicians and availablity of cause and effect. It is a matter of complicity as well as a matter of importance to draw a definite boundary on responsibilities of physician. A series of further research on this particular aspect is strongly urged.

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A study on the Construction Claims Between Parties Without Privity (국내 건설분쟁에서 비계약 당사자간의 건설분쟁에 관한 연구)

  • Yun Dae-Jung;Han Sung-Heon;Paek Joon-Hong
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.300-305
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    • 2002
  • The construction project is a complex undertaking involving multiple participants. Conflicts are inherently natural in the construction projects and subsequently, a success of projects mainly depends on how well to cope with the conflicts. In the past, courts usually took the position that the professional's exposure in damages for negligent performance of any of his/her duties would not extend to strangers to the contractual arrangement. However, courts today generally reject that rationale which was earlier in vogue and protect architects, engineers, and contractors from being liable to third parties. It means that the lack of privity of contract could rarely protect a profession in a suit alleging the negligence or professional malpractice in preparing plans or specifications. The main goal of this paper is to enhance the understanding of the legal aspect of privity and to provide the trend of no-privity disputes through the analysis of lawsuit cases during the last 40 years. On the base of the analysis, importance of the third relationship and the liability in construction disputes is presented.

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Effects of Mental Health Levels and Oral habits on Temporomandibular Joint Symptom in Some Adolescents (일부 청년기 성인의 정신건강과 구강습관이 턱관절 증상에 미치는 영향)

  • Hong, Min-Hee
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.2
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    • pp.381-387
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    • 2020
  • This study investigates the effects of mental health and daily oral habits on temporomandibular joint symptoms. The study was conducted from September 1 to 30, 2019, enrolling a total of 402 young adults. We determined that mental health levels of anxiety, depression, and social maladjustment are significantly different, depending on life satisfaction (p<0.001), subjective health status (p<0.001), and trauma (p<0.01). Treating jaw joints exerted a significant difference in social maladjustment (p<0.05). Temporomandibular joint symptoms are significantly higher among women (p<0.05), drinkers (p<0.01), trauma (p<0.01) and jaw joint treatment patients (p<0.001). Mental health levels (p<0.001), oral habits (p<0.001), and temporomandibular joint symptoms (p<0.001) are all positively correlated. In addition, oral hygiene has the greatest influence on temporomandibular joint symptoms of trauma. Furthermore, factors experienced during treatment of the jaw joints also affect the temporomandibular joint symptoms. We conclude that it is imperative to improve oral health and malpractice in treating jaw joint disorders, and also develop a program that effectively improves jaw joint health, by combining mental health counseling and daily lifestyle improvements.

A Study on He Meng-Yao's(何夢瑤) Idea of Medicine of divination(醫易) (하몽요(何夢瑤)의 생애(生涯)와 의역사상(醫易思想)에 관(關)한 연구(硏究))

  • Yun, Chang-Yeol
    • Journal of Korean Medical classics
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    • v.27 no.2
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    • pp.109-117
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    • 2014
  • Objectives : He Meng-Yao(何夢瑤), a doctor from Qing Dynasty, wrote Yi Bian(醫碥, Fundamentals of Medicine), in which he described many things related to Medical Medicine of divination (醫易). As the content includes a lot of teachings for the posterity, I have studied it. Methods : I have taken from Yi Bian(醫碥) the selections related to Medicine of divination(醫易) and explained them. Results : While accepting the principle of upholding yang and suppressing yin based on the understanding of the Book of Changes(周易) that takes a superior man for yang and a small man for yin, He Meng-Yao(何夢瑤), who thought of both yin and yang as Qi (energy), criticized the contemporary malpractice of uniformly applying the principle. In matching the five viscera to the Eight Trigrams(八卦), he put Qian and Dui Trigram(乾兌) to lung, Kan Trigram(坎卦) to kidney, Zhen and Xun Trigram(震巽) to liver, Li Trigram(離卦) to heart, and Kun and Gen Trigram(坤艮) to spleen, which is reasonable. He didn't fix the position of the vital gate and called it Fire in water(水中之火), and set great store by the role of Fire from Vital Gate(命門火) by calling it Water begetting tree(水生木) when the fire of the vital gate steams the kidney water and turns it into Qi to send it up to liver. He emphasized Water-ascending and Fire-descending(水升火降), which he said involves all five viscera. He also argued that mind runs on the principle of water-ascending and fire-descending. He thought that Qi and blood both originate from kidney, which I think is a significant suggestion. Conclusions : The criticism on the uniform application of upholding yang and suppressing yin, the combination of the five viscera and the Eight Trigrams(八卦), the belief that the Vital gate(命門) is Fire in water(水中之火), the excellent opinion on water-ascending and fire-descending, and the suggestion that Qi and blood both originate from kidney, as presented by He Meng-Yao(何夢瑤), are all theories that should be reasonably appreciated and further developed by the posterity.

The Functional Classification of Physician's Duty of Information and Liability for Violation of the Duty (의사 설명의무의 법적 성질과 그 위반의 효과)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.3-46
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    • 2017
  • Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

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Patient's Right of Self-determination and Informed Refusal: Case Comments (환자 자기결정권과 충분한 정보에 근거한 치료거부(informed refusal): 판례 연구)

  • Bae, Hyuna
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.105-138
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    • 2017
  • This is case comments of several representative legal cases regarding self- determination right of patient. In a case in which an intoxicated patient attempted suicide refusing treatment, the Supreme Court ruled that the medical team's respect for the patient's decision was an act of malpractice, and that in particular medical situations (medical emergencies) the physician's duty to preserve life supersedes the patient's rights to autonomy. Afterwards, at the request of the patient's family, and considering the patient's condition (irrecoverable death stage, etc.) consistent with a persistent vegetative state, the Supreme Court deduced the patient's intention and decide to withdraw life-sustaining treatment. More recently, regarding patients who refuse blood transfusions or other necessary treatment due to religious beliefs, the Supreme Court established a standard of judgment that can be seen as conferring equal value to the physician's duty to respect patient autonomy and to preserve life. An empirical study of legal precedent with regard to cases in which the physician's duty to preserve life conflicts with the patient's autonomy, grounded in respect for human dignity, can reveal how the Court's perspective has reflected the role of the patient as a decision-making subject and ways of respecting autonomy in Korean society, and how the Court's stance has changed alongside changing societal beliefs. The Court has shifted from judging the right to life as the foremost value and prioritizing this over the patient's autonomy, to beginning to at least consider the patient's formally stated or deducible wishes when withholding or withdrawing treatment, and to considering exercises of self determination right based on religious belief or certain other justifications with informed refusal. This will have a substantial impact on medical community going forward, and provide implicit and explicit guidance for physicians who are practicing medicine within this environment.

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Review of 2018 Major Medical Decisions (2018년 주요 의료판결 분석)

  • Lee, Dong Pil;Lee, Jung Sun;Yoo, Hyun Jung;Park, Tae Shin;Jeong, Hye Seung;Park, Noh Min
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.243-279
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    • 2019
  • During the main ruling in 2018, it is difficult to find a new judiciary, which is understood to be due to a certain degree of jurisprudence established and focusing mainly on contentious disputes within the framework of damages. The cases in which the court's judgment is reversed helped to understand the reason and the judiciary, and it was confirmed that the dispute in the medical lawsuit became more and more intense. Decisions on responsibility restrictions and medical records were also noticeable, with a significant increase in the number of verdicts relating to the doubt about medical records. This is considered to be part of the increasing number of cases in which the parties raise questions about medical records, and several cases were categorized and introduced at this opportunity. We also introduce the case of forced discharge of long-term hospitalized patients and medical fee bill, because it was judicial interest after the Supreme Court ruling that the cost of treatment for the after-effects of medical malpractice can not be claimed to the patient.

A Survey on Perception Level of the Radiological Technologist's about Culture of Patient Safety (환자안전 문화에 대한 방사선사의 인식도 조사)

  • Jeon, Min-Cheol;Kim, Young-Il;Jang, Jae-Uk;Han, Man-Seok;Seo, Sun-Youl
    • Journal of Digital Convergence
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    • v.12 no.2
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    • pp.423-430
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    • 2014
  • Patient safety culture for the general hospital to investigate the perception of radiological technologists, managing of the patient safety provides the Foundation for the safety activities as a basis to develop a program for providing. Patient safety culture for the general hospital to investigate the perception of Radiological technologists, the duration of the survey of the study on June 13, 2012 to June 20, and five general hospitals worked on Radiological technologists workers were material and analyzed the target of 198 (SPSS ver. 19.0). Patient safety activities within the Department, the factors affecting direct care, communication, medical malpractice, hospitals rated, safe for the patient safety culture and the reported accidents, dangerous and caused an accident, most feel that patient safety incident reporting system according to the results of evaluating medical accidents patient safety culture regarding recognition, work appeared in more than 25 years, even the most highly evaluated, the working period of 10 patient safety to 15 years the most highly. Therefore, General Hospital, Director of the patient safety culture improvement of radiation in order to have sufficient staffing, aggressive approach to patient safety issues, and safe working period of relapse prevention of accidents to the radiation as well as giving systematic consideration of mission medical accident reporting system will be active.